IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14380 of 2008(J)
1. ABDUL RAFEEQUE,S/O.UMMER,AGED 24,
... Petitioner
Vs
1. TAHSILDAR,ERANADU TALUK,
... Respondent
2. DISTRICT COLLECTOR,MALAPPURAM.
3. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SAIJU. S
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/10/2010
O R D E R
S.SIRI JAGAN, J.
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W.P. (C) NO. 14380 OF 2008
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Dated this the 19th day of October, 2010.
JUDGMENT
Counsel for the petitioner absent. This writ petition is filed
by the petitioner seeking interim custody of the vehicle. It has
been seized on allegations of illegal transportation of river sand in
violation of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act. On 09.05.2008 this Court passed the
following interim order:-
“Admit. Issue notice to the respondents returnable in 10 days.
There will be a direction to the 3rd respondent to grant interim
custody of the vehicle bearing registration No.KL-09-3862 to the
petitioner, on the petitioner depositing a sum of Rs.25,000/-
with the 3rd respondent. The petitioner shall not alienate,
transfer or otherwise dispose of the vehicle and shall maintain
it in good condition.”
Subsequently, that interim order has slightly modified on
13.05.2008 by the following order:-
“IA 5922/08
Heard. This is an application to correct the order
passed by this Court on 9/5/08. By order dated 9/5/08,
this Court had directed 3rd respondent to grant interim
custody of the vehicle belonging to the petitioner.
Learned counsel for petitioner points out that the vehicle
is in the custody of 1st respondent, Tahsildar,Eranadu
Taluk. Accordingly, the order passed by this Court on
9/5/08 will stand corrected and the direction will be
treated as one issued to 1st respondent. Learned counsel
also points out that the registration number of petitioner
vehicle is KL/09 J 3862 and in the order passed earlier on
9/5/08 the alphabet “J” is missing. The order passed
earlier on 9/5/08 will stand corrected in that regard also.”
W.P. (C) NO. 14380 OF 2008 2
In view of the above said interim orders no further orders
are necessary in this writ petition in so far as the petitioner seeks
his interim custody of the vehicle, further proceedings are to be
on the basis of the final orders are to be passed pursuant to the
seizure without prejudice to the right of the petitioner to take all
his contentions before the appropriate authority. This writ
petition is closed in terms of the interim orders.
S.SIRI JAGAN, JUDGE.
mns